A.
A Zoning Board of Adjustment is established pursuant
to N.J.S.A. 40:55D-69 et seq. consisting of seven residents of the
Borough appointed by the Mayor with the advice and consent of the
Council to serve for terms of four years from January 1 of the year
of their appointment. The Zoning Board of Adjustment is sometimes
also referred to in this article as the "Board of Adjustment" or sometimes
as the "Board."
B.
The terms of the members first appointed shall be
so determined that to the greatest practicable extent the expirations
of the terms shall be distributed evenly over the first four years
after their appointment, provided that the initial term of no member
shall exceed four years. Thereafter, the term of each member shall
be for four years.
C.
Nothing in this article shall, however, be construed
to affect the term of any present member of the Zoning Board of Adjustment,
all of whom shall continue in office until the completion of the term
for which they were appointed.
D.
No member of the Zoning Board of Adjustment may hold
any elective office or position under the municipality.
E.
A vacancy occurring otherwise than by expiration of
term shall be filled for the unexpired term only.
The Board of Adjustment shall elect a Chairman
and Vice Chairman from its members and shall also select a Secretary
who may be either a Board member or another municipal employee.
A.
The powers of the Zoning Board of Adjustment shall
be in accordance with N.J.S.A. 40:55D-69 et seq., and amendments and
supplements thereto, and with the provisions of this article, as follows:
(1)
Hear and decide appeals where it is alleged by the applicant that there is error in any order, requirement, decision or refusal made by an administrative official or agency based on or made in the enforcement of Part 3, Zoning, of this chapter;
(2)
Hear and decide requests for interpretation of the
map or provisions of Part 3, Zoning, or for decisions upon other special
questions upon which the Board is authorized to pass;
(3)
Where by reason of exceptional narrowness, shallowness
or shape of a specific piece of property or by reason of exceptional
topographic conditions or by reason of other extraordinary and exceptional
situation or condition of such piece of property the strict application
of any regulation in the Zoning Ordinance would result in peculiar
and exceptional practical difficulties to or exceptional and undue
hardship upon the owner or developer of such property, grant, upon
application or an appeal relating to such property, a variance from
such strict application, so as to relieve such difficulties or hardships;
provided, however, that no variance shall be granted under this subsection
to allow a structure or use in a district restricted against such
structure or use, and provided further that the proposed development
does not require approval by the Planning Board of a subdivision in
conjunction with which the Planning Board shall review a request for
a variance pursuant to N.J.S.A. 40:55D-60a;
(4)
Grant a variance to allow a structure or use in a
district restricted against such structure or use in particular cases
and for special reasons, but only by the affirmative vote of at least
five members of the Board;
(5)
No variance or other relief may be granted under the
provisions of this section unless the variance or other relief can
be granted without substantial detriment to the public good and will
not substantially impair the intent and purpose of the zone plan and
Zoning Ordinance. Any application under any subsection of this section
may be referred to any appropriate person or agency, including the
Planning Board, for its report, provided that such reference shall
not extend the period of time within which the Zoning Board of Adjustment
shall act;
(6)
The Board shall have the authority, in connection
with any case, action or proceeding before it, to interpret and construe
the provisions of this article, or any term, clause, sentence or word
of this article, and the Zoning Map, in accordance with the general
rules of construction, applicable to legislative enactments;
(7)
The Board may, in appropriate cases and subject to
appropriate conditions and safeguards grant variances from the terms
of this article in accordance with the general or specified rules
contained in this article, and with the general rules hereby laid
down that equity shall be done in cases where the strict construction
of the provisions of this article would work undue hardship.
B.
The powers and duties of the Board having been delegated
to and imposed upon it by statute, the Board shall in all cases follow
the provisions applicable to it in the Municipal Land Use Law, N.J.S.A.
40:55D-1 et seq., or subsequent statutes in such case made and provided,
and it shall from time to time furnish to any person requesting the
same a copy of its rules and information as to how appeals or applications
may properly be filed with the Board for its decisions thereon.
The Zoning Board of Adjustment shall, in addition to the powers specified in § 170-15, have power given by law to:
A.
Direct issuance of a permit pursuant to N.J.S.A. 40:55D-34
for a building or structure in the bed of a mapped street or public
drainageway, flood control basin or public area reserved on the Official
Map;
B.
Direct issuance of a permit pursuant to N.J.S.A. 40:55D-34
for a building or structure not related to a street;
C.
Grant to the same extent and subject to the same restrictions
as the Planning Board subdivision approval pursuant to N.J.S.A. 40:55D-37
through 40:55D-59[1] whenever the Board is reviewing an application for approval of a use variance pursuant to § 170-12 of this chapter.
[1]
Editor's Note: N.J.S.A. 40:55D-59 was repealed by L. 1983,
c. 253, § 1, effective 7-7-1983.
[Amended 12-17-2002 by Ord. No. 2002-753]
A.
Who may appeal; notice of appeal.
(1)
Appeals to the Board of Adjustment may be taken by
any person aggrieved or by an officer, department, board or bureau
of the municipality affected by any decision of the administrative
officer.
(2)
Each appeal shall be taken within the 65 days prescribed
by the statute by filing a notice of appeal with the officer from
whom the appeal was taken, together with five copies of said notice
with the Secretary of the Board of Adjustment. The notice of appeal
shall specify the grounds for the appeal. The officer from whom the
appeal is taken shall forthwith transmit to the Board all of the papers
constituting the record upon which the action appealed from was taken.
B.
Applications addressed to the original jurisdiction
of the Board of Adjustment without prior application to an administrative
office shall be filed with the Secretary of the Zoning Board of Adjustment.
(1)
Fifteen copies of the application shall be filed.
At the time of filing the appeal or application, but in no event less
than 10 days prior to the date set for hearing, the applicant shall
also file all plot plans, maps, or other papers required by virtue
of any provision of this article or any rule of the Board of Adjustment.
(2)
The applicant shall obtain all necessary forms from
the Secretary of the Zoning Board of Adjustment. The Secretary of
the Board shall inform the applicant of the steps to be taken to initiate
proceedings and of the regular meeting dates of the Board.
C.
Stay of all proceedings.
(1)
An appeal stays all proceedings in furtherance of
the action in respect of which the decision appealed from was made,
unless the officer from whom the appeal is taken certifies to the
Board of Adjustment after the notice of appeal shall have been filed
with him that by reason of facts stated in the certificate a stay
would, in his opinion, cause imminent peril to life or property.
(2)
In such cases, proceedings shall not be stayed otherwise
than by a restraining order which may be granted by the Board of Adjustment
or by the Superior Court of the state on application or notice to
the officer from whom the appeal is taken and on due cause shown.
In exercising its powers, the Board of Adjustment
may, in conformity with the provisions of N.J.S.A. 40:55D-1 et seq.
or amendments thereto or subsequent statutes applying, reverse or
affirm wholly or partly or may modify the order, requirement, decision,
or determination appealed from, and make such other requirement, decision
or determination as ought to be made, and to that end have all the
powers of the administrative officer from whom the appeal was taken.
Any variance from the terms of this article
hereafter granted by the Board of Adjustment permitting the erection
or alteration of any structure or structures, or permitting a specified
use of any premises, shall expire by limitation unless such construction
or alteration shall have been actually commenced on each and every
structure permitted by the variance, or unless such permitted use
has actually been commenced, within nine months from the date of entry
of the judgment or determination of the Board of Adjustment; except,
however, that the running of the period of limitation provided in
this article shall be tolled from the date of filing an appeal from
the decision of the Board of Adjustment to the governing body, or
to a court of competent jurisdiction, until the termination in any
manner of such appeal or proceeding.
